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Begin New Search Topic Rule of Law Content Type Journal Article Publication Year within 10 Years

1. People or Technology: What Drives Democracy

Author:
Paul Nemitz
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Turkish Policy Quarterly (TPQ)
Abstract:
There is no doubt that technology has shaped democracy. However, it is also the legal rules concerning technology which have shaped and have been shaped by democracy. Developing and using technologies according to democratic rules is what we need. There are libertarians today who deliberately design technological systems in a way that makes control by democratic states increasingly difficult. However, there is sufficient counter power and engagement, at least in Europe, to ensure that democracy functions and we work together to produce rules that are sensible for the future of democracy and confirm the supremacy of democracy over technology and business interests.
Topic:
Science and Technology, Democracy, Business, and Rule of Law
Political Geography:
Global Focus

2. What Rule of Law for the European Union? – Tracing the Approaches of the EU Institutions

Author:
Justyna Maliszewska-Nienartowicz and Marcin Kleinowski
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Although the rule of law is a normative notion, it requires a multidimensional approach. It speaks to important issues of law and politics, and its respect is essential for both legal and social security. It can be observed within the European Union (EU) where the issue of respect for the rule of law by its Member States has gained particular importance. The main goal of our study is to contribute to the academic discourse concerning the EU rule of law. The analysis particularly considers the approaches adopted by the EU institutions to the definition of this concept. Consequently, the first part of the article concentrates on difficulties in defining the rule of law. The second part presents the evolution of the Court of Justice approach toward this concept. The next part contains the analysis of the attitudes presented by other EU institutions in their documents. In the conclusions, it is underlined that although the approaches of the EU institutions towards the rule of have evolved, and they have tried to define it and indicate its main components, certain issues require clarification, e.g., the relations of the rule of law with other values.
Topic:
International Cooperation, European Union, Rule of Law, and Institutions
Political Geography:
Europe

3. What Is Wrong?

Author:
Kemal Koprulu
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Turkish Policy Quarterly (TPQ)
Abstract:
The United States of America is in deep trouble. The political infrastructure of the US, along with its underpinning moral fabric, has been crumbling for some time and is now on the brink of collapse. If it does not restructure and revamp its political system with transparency, accountability, political ethics, and rule of law, the US will be beleaguered by domestic turmoil and be thrusted into a darker hole vis-à-vis rising powers such as China. If the US fails, the whole world will fail. While delving into the systemic issues that plague America’s societal values and political foundation, this article, the first of a two-part article, suggests ways the US can redeem its status as a moral authority on the global stage.
Topic:
Hegemony, Political stability, Rule of Law, and Morality
Political Geography:
North America and United States of America

4. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

5. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

Author:
Etleva Paplekaj
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
Topic:
Reform, Democracy, Constitution, Political stability, Rule of Law, and Institutionalism
Political Geography:
Europe and Turkey

6. The Role of the Judiciary in Recognizing and Implementing International Law: A Comparative Analysis with Special Reference to Sri Lanka

Author:
K.A.A.N. Thilakarathna
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.
Topic:
International Law, Rule of Law, Judiciary, and Jurisdiction
Political Geography:
Asia and Sri Lanka

7. State Capture in Mexico: A Theoretical and Historical Review

Author:
Gerardo Rodríguez Sánchez Lara
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The purpose of this article is to review the works of several academics specialized in the matter of security, which the authors will use as an analytical setting and revision their outcomes to define and understand the concept of state capture. Once the concept of state capture is defined, then the case of Mexico will be analysed. This article intends to discuss several indicators regarding state capture such as the rule of law, how political violence has also influenced the issues of corruption, impunity, and mentions how money laundering prevention serves as a tool for tackling corruption. In order to grasp an understanding what state capture is, we must first develop conceptualizations of corruption, impunity and its classifications, the rule of law, and the state apparatus. This article intends to analyse the implications that all of the above might have with regards to a state captured democracy, from an academic approach.
Topic:
Rule of Law, Financial Crimes, Impunity, Organized Crime, and State Capture
Political Geography:
Mexico

8. To Be Served and Protected: Israeli Arab Citizens and the Police

Author:
Guy Ben-Porat
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
In January 2021, Prime Minister Benjamin Netanyahu paid a visit to Umm al-Fahm, an Arab city in the north of Israel. The visit, officially celebrating the country’s millionth COVID-19 vaccine recipient, also had a political purpose: winning the forthcoming elections in March 2021. For the first time, Netanyahu and the Likud party hoped to gain support from Israel’s Arab citizens. Among Netanyahu’s promises of economic betterment was a commitment to fight ris- ing crime and violence in Arab cities. He pledged “a comprehensive plan” with the primary goal of constructing more police stations “because a dense network of police stations creates more security.” Going further, he added that he “also want[ed] more intelligence, more officers, and more means [of enforcement].” Netanyahu declared himself “first and foremost committed to the rule of law and safety for citizens.”1
Topic:
Human Rights, Inequality, Citizenship, Rule of Law, and Police
Political Geography:
Middle East, Israel, and Palestine

9. War on Terrorism and its Impacts on Pakistan's Security

Author:
Huma Bilal, Azkaa Khan, and Mian Muhammad Azhar
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This article moves around the security of Pakistan and examined the incident of 9/11 and counter-terrorism strategies of civil-military during the war on terror. This study tells us that big attacks increase terrorism. After 9/11 some countries actively supported America in the war against terrorism and faced its negative consequences. Terrorism is a serious issue in the world. Many countries have taken serious actions against this evil. Pakistan faces many security challenges in the war against terrorism. This article is based on qualitative research techniques and secondary data. The massive lesson here is that the decision-making process should not be one-sided otherwise it leads to serious consequences. Pakistan experienced the worst issues in the portfolio of security. This requires a serious action plan on border security. Establish the writ of the state and secure the people from all internal and external threats. Resolve the conflicts between hostile factors peacefully without compromising on rule of law.
Topic:
Security, Terrorism, Taliban, Al Qaeda, and Rule of Law
Political Geography:
Pakistan and South Asia

10. How Embassy Pristina Helped Kosovo Manage the Foreign Terrorist Fighter Problem

Author:
Greg Delawie
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
The Ambassadors Review
Institution:
Council of American Ambassadors
Abstract:
Kosovo, which declared independence from Serbia in 2008, is the most pro-American country in the world. From 2012 to 2013, it was also the world’s per-capita biggest source of foreign terrorist fighters (FTFs) in Syria. It would seem those two statements could not possibly both be true, but they are. This is the story of how the professional diplomats at the U.S. Embassy in Pristina, aided by experts from the United States, played a major role in helping the new country bring the FTF problem under control for our mutual benefit. Between 2012 (when the Syrian civil war started) and 2016, more than 300 Kosovo citizens went to fight with al-Nusra, or ISIS. U.N. Development Program analysts who interviewed FTFs identified two categories of reasons for this phenomenon: “push factors” and “pull factors.” Among the push factors were Kosovo’s poverty, weak rule of law (enabling porous borders), corruption and high unemployment, especially among the young (60%, compared to 30% overall, in a population with 50% age 25 or younger). The pull factors were more complicated: After the 1998-1999 Kosovo war, “humanitarian” NGOs from the Middle East came to build mosques and provide aid, also importing Wahabi-style Islam, which is very different from Kosovo’s Hanafi Islamic tradition. Some Kosovo imams trained in Middle Eastern religious schools came back with a more radical Islam. ISIS recruiters proclaimed a religious duty for Kosovars to help Syrian Muslims threatened by Syrian President Bashar al-Assad. Radical imams operating outside the Kosovo Islamic community recruited young men, often offering computer or English classes as bait.
Topic:
Terrorism, Counter-terrorism, Conflict, and Rule of Law
Political Geography:
Europe, Kosovo, and Balkans